Vats (IT Professional) 23 April 2015

Wife alleging falsely and repeatedly harassing me

I am married for 12 years. In these 12 years my wife and me had lot of fights which started within few days after marriage.

We had a kid after 3 years of marriage at our in laws place. When my son was 6 months I took them to my home. Frequent fights continued and 1 day it reached such a level that I had to leave home. I had to stay back in hotel for few days as my wife became very ferocious and violent during that time. In my absence, my in-laws came to my house and took my wife along with all my household belongings (like TV, computer and cot etc.) with them, leaving me in the middle of nothing.

After few months, we consulted and I took her back to my house (after buying all the household items again), but after few days again she started fighting. 1 year went like this, and during this time she constantly pelted me with many false allegations and questioned my character for no reason. Again after one such extreme fight, I had leave home as she became violent again and this time she lodged many false allegations against me in Mahila Thana. After that she went to her parent's house along with all my household items.

Finally I filed divorce case and we started living separately. We were living separately for the last 5 years and cases against me continued during this period. But at the end of 5 years , she started calling me and convinced me that she has changed and her anger has also come down. Then one day I was called for case order of 498 (which she lodged against me falsely) and had to meet her. She insisted me to take her along with me otherwise she will not allow me to see my son.

For my son's good future, I agreed and I took her along with me and she also took back all cases against me.

It's been 1.5 year since she is back, and we settled down after buying new household items once again. For first few weeks she behaved nicely, but after that she again started fighting and her behaviour worsened quickly. Even neighbours were also not happy with her behaviour. Again I had to leave home after one extreme fight.

Now she again took with her all our household items and vacated the house. Also she has lodged again many false cases against me in Mahila Thana.

This is 3rd time she took all the household items while leaving me no option but to stay in hotel.I am feeling very helpless, tensed and being a heart patient don't want to bear this mental, social and financial harassment anymore.

I want to be legally separated immediately, and want to file for divorce case. Also I want to sue her for all the false allegation, mental and physical harassment and financial damages that I incurred unnecessarily due to her bad and illicit behaviour.

Can you please suggest how should I proceed legally.

What are the steps I should take now?

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22 Replies

bsrao 24 April 2015

First file for restitution of conjugal rights in the family court if you are sure she would not return. Obtain a decree. Ensure you are away for one year. Then after a year, file petition u/s 13(1 A)(ii) of the Act for divorce on the ground that there has been no resumption of conjugal rights for a period of not less than one year after the passing of a decree to that effect. You'll get your divorce.

Hope this helps.

B S Rao

SAINATH DEVALLA (LEGAL CONSULTANT) 24 April 2015

Act as per the advice of Mr.B S Rao

fighting back (exec) 24 April 2015

do not file rcr section 9, it will backfire and trap you if she accepts and returns.................

Adv k . mahesh (advocate) 24 April 2015

already third time and now you are firm for divorce why not talk to her or take any elderly person of their family and make her agree for mutual consent divorce which is instant and within 8 months you will be freed from her

and you have to think about your son future also wheater to give custody to her or you want then make her convince for the custody of your child to you

normally in mcd they wont agree easily and you have to give one time settlement alimony to make her life happy even after divorce as it is your responsibility but try to convince her without any amount

and it could not understand why every time she is taking all the household items with her and what she is doing with them

TGK REDDI (No designation) 24 April 2015

Never try to file for restitution of conjugal rights. It'll be your blunder. You'll be in hell again. Give, if compelled, away all your properties to your wife and take divorce. Then only can you be a free man. And preach men not to marry. That will be your great service to the nation. Learn to live alone. Any companion, whether father, mother, son, daughter, brother, sister etc., knows only to make your life miserable.

SAINATH DEVALLA (LEGAL CONSULTANT) 24 April 2015

Reddy Saab,

The querist is here for a legal advice and solution,logically UR reply make be ok, but not legally.

Vats (IT Professional) 24 April 2015

Is legal separation a viable option that I can use?

The legislation that addresses legal separation in India is the Hindu Marriage Act, Section 10

Read more : https://www.ehow.com/facts_7363619_legal-separation-india.html

I want to know if I can use this option and can at least stay separated from wife till divorce (which I will file in the meantime) is awarded. What are the conditions under which legal separation is valid or can be invalidated?

I am in dire need of good suggestion/solution from this forum.

Kindly help.

bsrao 24 April 2015

This forum is neither for debating your personal issue nor for keep posting you as per your changing requirements.

You are the best judge to decide with this issue.

Please go ahead with whatever you want to do.

All our wishes are with you.

Thanks

B S Rao

Adv. Chandrasekhar (Advocate) 25 April 2015

@Mr. Vats, I have got no hesitation to say RCR is not at all good option to you, especially in the circumstances you narrated above in a lucid way. Once you file RCR, she comes into the court with her suit case and the court will thrust her upon you and you will have no option to take her back into your house and live in hell. So, do not file RCR at any cost. Now, the grounds for judicial separation and divorce are the same. Judicial separation is not an intermediate step to achieve divorce. As the time to conclude judicial separation or divorce case is the same before the court and the grounds are also same, there is no purpose to go for judicial separation. So, go today itself and file divorce case and stay in the mediation proceedings still without flinching say that you do not want to stay with her. No need to hesitate and no need to feel shy. She is no more worth to give one more opportunity, which she would definitely misuse. Even though her problem is behavioural aberration, she should have corrected herself with medical aid. As she is still suffering from the same malady, you go for divorce. Be determined and enjoy the rest of life with full mirth.

TGK REDDI (No designation) 25 April 2015

Dear Sainath Saab

"Take divorce." Was that not legal advice?

Vats (IT Professional) 25 April 2015

Thanks for your valuable replies. I have decided to file divorce case with whatever evidence I have.

I have further 2 questions:

1. I have come to know that after selling my household belongings, she has gone to her parents place and will file false 498a case on me and relatives for purpose of harassment. Is there a way to protect myself from it.

2. I have earlier opened a joint account with my wife, where I have majority of my fund. Is there a way to get this money back to me?

Adv. Chandrasekhar (Advocate) 25 April 2015

1. If she files Section 498-A case, after mediation, if FIR is registered, you have to take anticipatory bail. Later on without fear you have to contest the case on merits.

2. If it is joint account in a bank, what instruction have you given the bank to withdraw the amount? If it is either or survival (in bank's language it is called E/S), you can withdraw the amount, if she has not already withdrawn. If both signatures are required to withdraw, without her consent, you cannot withdraw the amount.

Vats (IT Professional) 25 April 2015

Thanks for the reply. In my joint account both signatures are required. Is there any way that I can extract money from the account after producing any court order/application/decree/document etc to the bank?

Biswanath Roy (Advocate) 28 April 2015

Although we are legal experts and liable to give legal advises and opinions to querist sufferers yet we are the men of this society and under compulsion to consider the impact of our such advises. Hence, it will be prudent to advice when you have already spent 12 years of your married life and when you have tiny baby boy (, who is innocent and going to be otherwise victimized and will debar from father's and mother's love at a time under the same roof ) you must refrain from taking any stern action now; instead you bring your wife at your home and carry on mental treatment by a good Psychriatist.